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#Post#: 28203--------------------------------------------------
Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: idontliketickets
Date: July 1, 2024, 1:26 pm
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Dropped off my car near the beginning of June at a local garage
and received it back on the 10/06/24. Had multiple problems with
the garage as they handed it off to someone who kept on delaying
the completion date but eventually got it back and fixed after a
lot of hassling and getting them to wave the labour cost.
Received a PCN today (links below) and it seems either the
garage or the person they handed it off to drove the car into
central Southampton and left it there for a few hours, resulting
in a PCN.
I have proof of when I picked up the car (a receipt) and
possibly proof of when I dropped it off (location data from my
blackbox but not sure how admissible that actually is).
As I'm not in Southampton at the moment, I plan on calling the
garage tomorrow to ask for payment but they will most likely
deny any responsibility. So my question is, if they do so, what
should be my next course of action?
Thanks in advance for any advice :)
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#Post#: 28208--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: DWMB2
Date: July 1, 2024, 2:46 pm
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With this being Smart Parking, you have a very easy way to get
out of this. They choose not to make use of Schedule 4 of the
Protection of Freedoms Act 2012 to be able to recover charges
from the registered keeper*. As such, you have no liability. You
could therefore appeal along the lines of the below as the
keeper:
[indent]Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,[/indent]
If appealing online, be careful there are no drop down/tick
boxes that cause you to identify who was driving, and keep a
close eye on your spam folder for their response. If they do not
respond within 35 days, chase them.
* If you are not the registered keeper, tell us before
submitting anything, as the approach will need to be different.
#Post#: 28244--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: idontliketickets
Date: July 1, 2024, 5:51 pm
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Thank you for your response this looks super helpful!
I am indeed the registered keeper, so shall try contact the
garage tomorrow and if they don't agree shall go with your
recommendation.
Shall update if anything changes and thanks again!
#Post#: 28253--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: DWMB2
Date: July 1, 2024, 6:25 pm
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--- Quote from: idontliketickets link ---
>
> so shall try contact the garage tomorrow and if they don't
agree shall go with your recommendation.
>
--- End Quote ---
Agree to what, exactly? At the moment, you are the one in
receipt of a parking charge from a private parking company,
which you currently have not paid, and which Smart are unable to
recover from you as the registered keeper. On that basis, there
is nothing for the garage to reimburse you for, as you have not
currently suffered any loss. If you pay, then the garage
subsequently refuse to reimburse you, then you'd need to sue the
garage to get the money back, and they're likely to argue that
you voluntarily paid the charge when you were not required to,
and that they therefore owe you nothing.
You could ask them to pay it directly, but that requires you to
trust that they will - given that they couldn't even be trusted
to park your car in a suitable place, that seems like a gamble.
You could provide the name and address of the business with whom
you left the car, and tell Smart Parking that they should ask
the garage who was driving, but there too you risk the matter
becoming protracted.
I can understand the desire to make the garage pay, as it is
their incompetence that has caused this. However, if you submit
the appeal suggested, there is a near certain chance that Smart
Parking will cancel the charge, and you can simply get on with
your life, and choose an alternative garage for future repairs
(and perhaps leave a negative Google review if you are so
minded).
#Post#: 31907--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: idontliketickets
Date: August 2, 2024, 1:29 am
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Keeping to my word and finally have an update.
The ticket has been cancelled!
Truly thank you for all your help and advice :)
#Post#: 31919--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: Dave65
Date: August 2, 2024, 4:23 am
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Can you tell us why it was cancelled by Smart, their reply?
#Post#: 31922--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: DWMB2
Date: August 2, 2024, 4:30 am
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--- Quote from: Dave65 link ---
>
> Can you tell us why it was cancelled by Smart, their reply?
>
--- End Quote ---
If I were a betting man, I'd wager:
[indent]Thank you for your recent communication.
I have noted the points you raised and would like to confirm
that we are cancelling the Parking Charge Notice.
If I can be of any further assistance please do not hesitate to
contact me.
Yours sincerely,
Smart Parking Ltd[/indent]
#Post#: 32502--------------------------------------------------
Re: Smart Parking Ltd - Southampton - PCN while car at garage
DIR By: idontliketickets
Date: August 6, 2024, 5:38 pm
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This would be correct :)
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